Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-11-18
HE Law LAID DOWN.
sUPRE@E-c0UxT nRcIsIoFs g7gDEagD
or YESTERDAY.
new Trial Tor Anderson, the Assailant OF
Eev. Ir. Hall-Alleghany Rail.
road Case.

TIC Cont Of Appeals on yesterday
decided the ease Of David Anderson rs.
The Commonwealth, on appeal from the
Circuit Court Of Hcnrico county.
Anderson was convicted in January
last Of burglary upon the premises Of
Hev Nil.iam C. Hall on tho night OF
F. MaF lI 1856, with intent 10 commit
/ mWicr and robbery, on5 fcntcnced TO
/ seven years confinement in the peniten-
uary. From this Judgment he applied
/ ior ead obtained a writ Of error and
F 8yI1r"dt0f, which was allowed 10y one
/ ot the judges of the COut of Appeals.
SINCE which time Anderson has remained
ia jail.
+ Ihrecossigumants Of error were made ::
FIRST The action OF the County Court
IN refusing tine motion Of the prisoner
for continuance on the ground Of DIE
absence Of mQterial witnesses and in or
dcriug his immediate arMmment.
Second The action of the Circuit
f Court in overrulng the motion for a new
+ tl7al because the verdict was contrary to
( the Jaw AID the evidence.
Third. In overriding the same motion
on the grOUudOf misconduct and scpam-
tion Of the iury pending trial.
Judge Richardson IN delivering The
opinion of the court said that in the view
which ho took of the case i. would be ne
Ccs>3ly - consider only the first assign
meut of erroL As the case upon this
point is one oi fIst impression in this
state it VIII be Of interest TO state it in
detail.
The sta'nte (Acts of iS77-'7S, page
$3.50 gives toaTerson charged in a county
court with capital offence the right,
upon iis arraigrmcnt, to c'cct to be
tri,l in tine Circuit Court for the same.
county. and upon such election the case
shall Doe removed 90 the Circuit Court.
Anderson Ves indicted at the July term
1c%J ci the County Court of Hcnrico
county, and, being led TO the bar, waived
IBIS right TO an examination before
Justice of thc peace and moved for q
continuance to the September term,
which motion WAS granted At the Sep
tcmbor tcrw, immediately upon the call
ing Of tLe cIsc, the attorney for the
COnmcHv llth moved !or the arraign-
ment oi the prisoner 70 tie granting of
tins motion the prisoner objected on
the ground that he desired 10 move FOR
q continuance Of the case OF the ground
Of the absence of material Witnesses.
This objection. however the Court over
ruled and Wautcd the motion 10 arraigD,
ordering the clerk i'm arrai@ning the
prisoner to d.man4 Of him, after the
reading of thc indictment, whether or
not he elected 10 le tried i'm the Circuit
Court. But before the clerk could com
mUce the mrmgnmont the prisoner
made e. distinct motion tor a continuance
or tine goWd previously stated. This
motion tuc County Court refused to Tn
terimn at that timc, stating that the mo-
ton. If made. would be considered after
the arairumont. 10 these rulings the
prisoner excepted.
1he Comt oi Appeals now holds upon
hisstate ot facts, following JoVc'~ case.
7- Va. 2>1. that it Is toe duty Of "a trial
court 10 cntGt..na % motion fora contlnu-
aucc ass well before as after aIraignmcnt,
and, if uropIlv sustained by proof, to
grant il.
The Court lys further: "It obvious
Tint the minc oi the County Court COM
rlairal of deprived tho prisoner OF
privilege given him 10y statute 20 make
iree and uuc0us. rlinol election OF the
forum iu which to be tried for it was
virtually cQu. yOont 90 savingtO him that
his motion would be considered plDcidCd
bc (i,ctrFfDbD LTcd ia W1tcouf. The
necessary rt.1l, Was 81 compel the ac-
cused tO eject 60 be tred m the
Circuit Court as fine only means OF GER
talr.v secumga q continuance and the Op-
poftuunv az securing the attendance of
bis Witnesses. since il was only IN the
cour, that the prisoner elected to remain
au3 be tried in the County Court that
the motion. after auai@nmenr. could be
considered hy .hat court Dt aii Tor the
election must lc made Up"H Tho ar
f0iWDu'.i.
Iorthose reasons and without consid-
eriug tne other questions raised, the
Indictment O. the Circuit Court OF Hen
rico county vqs reversed, the verdict AID
all the proceedings i'm that court set
aside. and the Ordcrol She County Court
sustaining TIE motion u auM8n TIE
prisoner and certifying the case to the
Circuit Conn reversed nnd anuullcd and
the cause rcmaudcd to the County Court
for q Acw triad.
Nr. George Bryan, Auderson's conn
sal. who was in the courtroom when the
decision WIS rendered. received great
many congratulations from members Of
IBIS profession upon tbcyictofy Won.
rfru,fovD AND AULEGuA,Y RAILROAD